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pay CONTRACTOR the amount so withheld, or <br />any adjustment thereto agreed to by OWNER <br />and CONTRACTOR, when CONTRACTOR <br />corrects to OWNER's satisfaction the reasons <br />for such action. <br />3. If it is subsequently determined that <br />OWNER's refusal of payment was not justified, <br />the amount wrongfully withheld shall be treated <br />as an amount due as determined by paragraph <br />14.02.C.1. <br />14.03 CONTRACTOR's Warranty of Title <br />A. CONTRACTOR warrants and guarantees that <br />title to all Work, materials, and equipment covered by <br />any Application for Payment, whether incorporated in <br />the Project or not, will pass to OWNER no later than <br />the time of payment free and clear of all Liens. <br />14.04 Substantial Completion <br />A. When CONTRACTOR considers the entire <br />Work ready for its intended use CONTRACTOR shall <br />notify OWNER and ENGINEER in writing that the <br />entire Work is substantially complete (except for items <br />specifically listed by CONTRACTOR as incomplete) <br />and request that ENGINEER issue a certificate of <br />Substantial Completion. Promptly thereafter, <br />OWNER, CONTRACTOR, and ENGINEER shall <br />make an inspection of the Work to determine the status <br />of completion. If ENGINEER does not consider the <br />Work substantially complete, ENGINEER will notify <br />CONTRACTOR in writing giving the reasons therefore. <br />ple+e ENGINEER EER .. gill pFepaFe and deliVer+e OWN E <br />Shall fiX the ,diate of e„hstaRtial Cempletien. TheFe <br />Gh—All he .,+ aGheal +e the Ge. -Ii -ate list of <br />items it^—hoe—GGFn letedO;—wFFested befc�e—final <br />payment. OWNER sha;II have 6eveR days after FeGelpt <br />ads IF ..hiGh to make WFi++eR <br />CNI(_INICCI7 as +e .+ pFeyisieR6 of the <br />t#....... If, after ser+sideratiea of 9WTlE�i's <br />94E1 9RG ENIGINIEERa. nsffi lero +he Wnro <br />L , ,hotnn <br />tialljhsemplete, ENGINEER ..611 ..6+hin said 14 days <br />list A -f UP -M.5; t9 be GOFnpletEld 9 <br />' $ €NGINIE€R believes justified after <br />Gemple+ion CNlQNICCI? Will aleli"er +e QAfNlCo npd <br />B. OWNER shall have the right to exclude <br />CONTRACTOR from the Site after the date of <br />Substantial Completion, but OWNER shall allow CON- <br />TRACTOR reasonable access to complete or correct <br />items on the tentative list. <br />14.05 Partial Utilization <br />A. Use by OWNER at OWNER's option of any <br />substantially completed part of the Work which has <br />specifically been identified in the Contract Documents, <br />or which OWNER, ENGINEER, and CONTRACTOR <br />agree constitutes a separately functioning and usable <br />part of the Work that can be used by OWNER for its <br />intended purpose without significant interference with <br />CONTRACTOR's performance of the remainder of the <br />Work, maybe accomplished prior to Substantial Com- <br />pletion of all the Work subject to the following condi- <br />tions. <br />1. OWNER at any time may request <br />CONTRACTOR in writing to permit OWNER to <br />use any such part of the Work which OWNER <br />believes to be ready for its intended use and <br />substantially complete. If CONTRACTOR <br />agrees that such part of the Work is <br />substantially complete, CONTRACTOR will <br />certify to OWNER and ENGINEER that such <br />part of the Work is substantially complete and <br />request ENGINEER to issue a certificate of <br />Substantial Completion for that part of the Work. <br />CONTRACTOR at any time may notify OWNER <br />and ENGINEER in writing that CONTRACTOR <br />considers any such part of the Work ready for its <br />intended use and substantially complete and <br />request ENGINEER to issue a certificate of <br />Substantial Completion for that part of the Work. <br />Within a reasonable time after either such <br />request, OWNER, CONTRACTOR, and <br />ENGINEER shall make an inspection of that <br />part of the Work to determine its status of <br />completion. If ENGINEER does not consider <br />that part of the Work to be substantially com- <br />plete, ENGINEER will notify OWNER and <br />CONTRACTOR in writing giving the reasons <br />therefor. If ENGINEER considers that part of <br />the Work to be substantially complete, the <br />provisions of paragraph 14.04 will apply with <br />respect to certification of Substantial Com- <br />pletion of that part of the Work and the division <br />General Conditions - 00700 - 34 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening_49th St to 69th SM-Admin\Bid Documents\Master Contract Documents\DIV 0_4_Conditons of the <br />Contract.docx <br />